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~bb•, <br />STATE OF NORTH CAROLINA <br />COUNTY OF CHATHAM <br />COMMUNICATIONS TOWER LEASE AGREEMENT <br />THIS COMMUNICATIONS TOWER LEASE AGREEMENT {"Lease") made and <br />entered into as of the last date set forth in the notary acknowledgements below, by and behveen, <br />the STATE OF NORTH CAROLINA, a body politic and corporate, hereinafter referred to as <br />"Lessor", and COUNTY OF ORANGE, a political subdivision of the State of North Carolina, <br />hereinafter referred to as "Lessee" (Lessor and Lessee are each individually referred to herein as <br />a "Party" and collectively referred to herein as the "Parties"); <br />WITNESSETH. <br />THAT WHEREAS, Lessor owns that certain parcel of land located at 4401 Jones Ferry <br />Road, Chapel Hill, Chatham County, North Carolina, containing 61.64 acres, mare or less, <br />having tax parcel number 62226 (the "Site"), as more particularly described in the files of the <br />State Property Office, a division of the North Carolina Department of Administration, located in <br />Raleigh, North Carolina; and, <br />WHEREAS, Lessor has improved the Site with a communications tower ("Tower"), <br />equipment building(s) and related appurtenances and accessories; and, <br />WI~REAS, Lessor and Lessee desire to enter into this Lease so that Lessee may operate <br />and maintain certain Communications Equipment, as said term is defined herein, on the Tower; <br />and, <br />WHEREAS, the University of North Carolina, Center for Public Television ("UNC- <br />TV"), has requested and approved the execution of this instrument for the purposes herein <br />specif ed; and, <br />WHEREAS, the execution of this Lease for and on behalf of Lessor has been duly <br />approved by the Governor and Council of State at a meeting held in the City of Raleigh, North <br />Carolina, on the Soh day of October, 2010; and, <br />WHEREAS, the Parties have mutually agreed to the teams of this Lease as hereinafter set <br />out. <br />NOW THEREFORE, in consideration of the rental hereinafter agreed to be paid and the <br />terms and conditions hereinafter set forth, Lessor does hereby let and lease unto Lessee and <br />Lessee hereby takes and leases from Lessor for and during the period of time and subject to the <br />terms and conditions hereinafter set out the Premises as more particularly described herein. <br />1. Premises. The "Premises" consists of such non-exclusive space at approximately the <br />1,000-foot height level of the Tower as necessary to accommodate Lessee's Communications <br />Equipment. The exact location of the space on the Tower at which Lessee may locate its <br />Communications Equipment shall be designated by Lessor in its reasonable discretion. <br />Page 1 of 4 <br />